On F1 (OPT,) married for over a year, but US citizen husband owes taxes???

  • Thread starter Thread starter mgalerians
  • Start date Start date
You might need a co-sponsor to show sufficient funds, but overall should not be an issue if enough funds are shown based on your income
 
You aren't the last person to have a husband who has shown disregard for the laws of this country. Poor husbands will always be among us...lol!!! You will have to find a co-sponsor for your Affidavit of Support, plus he might have to get on a payment plan with IRS. I don't remember what is required in the AOS for US citizen, I believe the G-325a, I-130. I don't think bad credit history and criminal record for US citizen who are sponsors matter to USCIS. I mean, you could be married to a triple murder manic, USCIS will approve your petition and move on, provided you provide the evidence establishing your marriage is bona fide.
 
OP, if you make enough - and are currently living with your husband, you can use your income to help your husband to meet the income requirement.
 
mgalerians said:
I'm currently working on OPT, which will be expired in March 2010.
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I suppose you mean March 2011?

I'm making pretty good money on my CPT and OPT, I have been filing my taxes...
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As the immigrant spouse with a legal job in the US, you can use your own income to fulfill the I-864 requirements. If you by yourself make enough money according to the 125% of poverty line standard, you don't need your husband's income to be included.
 
Thank you so much everyone :) Quick question, what do I do if we don't have anything in both names, I mean since his credit has been awful, our house is under my name, I have been filing my taxes as "single". I'm not sure what to do?
 
mgalerians said:
Thank you so much everyone :) Quick question, what do I do if we don't have anything in both names, I mean since his credit has been awful, our house is under my name, I have been filing my taxes as "single". I'm not sure what to do?
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You are going to have problems with USCIS, especially if you have been filing taxes as single after marriage. There's nothing that prevents you from putting his name on all utilities in the house, gas, electric and water, because since I assume all are still on, someone has been paying them.
 
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I'm gonna add his name to all those bills right away. Thank you so much for clarifying. Last question, hopefully, if I file the joint tax return in the beginning of 2011;

1. Would it be too late to file the papers then? (I'm legal to work and stay till March 2011, plus 2 months of grace period so I can legally be here till May 2011)

2. Do I have to be responsible to all the taxes owed by my husband? I think the only thing that made me file the taxes as "single" last year was because my "Mr. husband" would NOT care to hear anything about T-A-X and I absolutely don't wanna deal with his mess that he doesn't even care about :(

Any tips, anyone?

PS. I've never changed my last name as well.
 
mgalerians said:
I'm gonna add his name to all those bills right away. Thank you so much for clarifying. Last question, hopefully, if I file the joint tax return in the beginning of 2011;
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Don't file a joint return until he's sorted out things with the IRS. Rely on other documents for immigration purposes.


1. Would it be too late to file the papers then? (I'm legal to work and stay till March 2011, plus 2 months of grace period so I can legally be here till May 2011)
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You don't get 2 months of grace period to work in the US, you only get 2 months to stay to dispose of your assets and liabilities and perhaps take a little vacation.

The employment authorization card associated with your green card will take about 2-3 months to get approved, so you should apply for the green card (including filing the I-485 and I-765) no later than the end of November, in order to avoid having to stop working when your OPT expires in March.

On the other hand, you don't want to apply too early either, because it is to your benefit if the interview occurs on or after your 2-year marriage anniversary; you would get a 10-year unconditional green card instead of a 2-year conditional card. Applying in November would strike that balance of getting the employment authorization soon enough to ensure continuous employment, while giving you a good chance of getting the interview late enough (Feb 2011 or after) to give you a 10-year green card.

2. Do I have to be responsible to all the taxes owed by my husband? I think the only thing that made me file the taxes as "single" last year was because my "Mr. husband" would NOT care to hear anything about T-A-X and I absolutely don't wanna deal with his mess that he doesn't even care about :(
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You got married in 2009, so for the tax year 2009 (the return that was due on April 15, 2010) you should have filed as "married filing separately", not "single". If you filed it as single, you need to file an amended return as "married filing separately", and pay the difference (if any) to the IRS, plus interest and penalties on that difference, or they will also be breathing down YOUR neck.
 
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mgalerians said:
I can't thank you all enough. But...thank YOU!
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Just make sure you research on IRS.gov website how to file an amendment, because IRS usually get their money....lol!!! For now, your husband might not care about paying his taxes, time will come in which he's going to run to the IRS to find a way to quickly settle his debt.
 
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